04/16/2002 03:40 PM Senate STA

                                                                                                                                
         SCR  9-APPROVING LEG. OPEN MEETINGS GUIDELINES                                                                     
                                                                                                                              
SHIRLEY  McCoy,  representative   from  the  Select  Committee  on                                                              
Legislative  Ethics, said the  Legislature enacted  a law  in 1993                                                              
requiring that they  abide by open meeting guidelines.  The Select                                                              
Committee of Legislative  Ethics was formed in 1994  and they were                                                              
mandated to provide  the Legislature with a guide  to allow closed                                                              
caucuses  and  private  informal  meetings  to  discuss  political                                                              
strategy  without violating  open meeting  guidelines. The  Ethics                                                              
Committee  has done  that; they  have  submitted guidelines,  held                                                              
public  hearings, talked  with Legislators  and  the public.  They                                                              
have  spent  considerable   time  trying  to  get   guidelines  to                                                              
Legislators that allowed  them to do their best job  for the State                                                              
of Alaska  while honoring  the public's desire  to know  what that                                                              
business is. To date the guidelines have not been enacted.                                                                      
                                                                                                                                
SENATOR  HALFORD said  the things  that are  prohibited include  a                                                              
group of Legislators  representing a geographic  area or political                                                              
subdivision. Any time as few as two  people decide or agree upon a                                                              
course of  action with regard to  their particular region  or area                                                              
they could be affected by this prohibition.  This standard is very                                                              
broad  and  could be  violated  in  conversation on  a  continuous                                                              
basis. He  asked whether  there was a  specific number  that would                                                              
constitute a group.                                                                                                             
                                                                                                                                
MS.  McCoy  replied   her  understanding  is  that   the  proposed                                                              
guideline would  not prohibit conversations between  any number of                                                              
people. They  gave a  definition for  both a  meeting and  a vote,                                                              
which clears up some of the ambiguities that have been felt.                                                                    
                                                                                                                                
CHAIRMAN THERRIAULT  thought Senator  Halford was concerned  about                                                              
the concept of  a legislative body taking action  or agreeing upon                                                              
a course  of action because the  definition of a  legislative body                                                              
could include the Interior delegation.  They could fall under this                                                              
prohibition when  they get together  to strategize on how  to deal                                                              
with another geographic area.                                                                                                   
                                                                                                                                
MS.  McCoy  replied  the  problem  some  public  members  have  is                                                              
defining  the  difference  between   caucuses  versus  legislative                                                              
bodies and  other gatherings.  The public  would generally  prefer                                                              
all meetings to  be open, but realizes this isn't  always possible                                                              
because of political strategizing.                                                                                              
                                                                                                                                
The Ethics  Committee feels  the guideline  gives Legislators  the                                                              
opportunity to  complete the business  that needs to  be completed                                                              
without prohibitions.                                                                                                           
                                                                                                                                
SENATOR PHILLIPS  asked what she  meant when she says  the general                                                              
public wants this.                                                                                                              
                                                                                                                                
MS.  McCoy replied,  "define  general public,  the  people in  the                                                              
State of Alaska that aren't legislative members."                                                                               
                                                                                                                                
SENATOR PHILLIPS then  asked whether "somebody stopped  you in the                                                              
store."                                                                                                                         
                                                                                                                                
MS. McCoy  replied they  have had  lots of  members of the  public                                                              
ask, "When  are we going  to get open  meetings. Why  haven't open                                                              
meeting  guidelines been  adopted?" The  committee is mandated  to                                                              
submit  guidelines  by  January   16  every  year  and  they  have                                                              
faithfully done so  since 1995. The committee  realizes the entire                                                              
legislative  body  will  probably   never  totally  agree  on  the                                                              
guidelines  but  there must  be  a  starting  point. Most  of  the                                                              
committee members,  some of  whom are  Legislators, felt  that the                                                              
current  resolution didn't  go to  the extremes  that most  of the                                                              
public would like to see, but it was a beginning.                                                                               
                                                                                                                                
SENATOR PHILLIPS asked what other states have in this regard.                                                                   
                                                                                                                                
MS. McCoy  didn't believe  the majority  of states  have a  closed                                                              
caucus and  most don't  require an  ethics committee to  establish                                                              
guidelines.                                                                                                                     
                                                                                                                                
SENATOR HALFORD  apologized for  saddling Ms.  McCoy with  the job                                                              
and complemented  her on  her diligence in  trying to  complete an                                                              
impossible  task. The  Legislature  should have  kept this  within                                                              
their  own  purview  and  not  asked   her  to  continue  to  make                                                              
recommendations that would probably never be accepted.                                                                          
                                                                                                                                
MS. McCoy agreed the task was formidable then noted the                                                                         
Legislature has passed laws requiring adherence from every other                                                                
elected official, but they won't do the same for themselves.                                                                    
                                                                                                                                
SENATOR PHILLIPS replied, "Alaska is full of paradoxes." He then                                                                
commented on access and said he'd like to see more people at the                                                                
meetings and the guidelines could come later.                                                                                   
                                                                                                                                
CHAIRMAN THERRIAULT closed public comment on SCR 9 and held it in                                                               
committee.